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- Receipts issued
by the charity are required
to be in your possession
before filing your tax
return in order to
allow you to take a tax deduction.
- For monetary donations under $250 a canceled check, payable to the
charity, may serve as a receipt.
- Cash (currency) donations without a receipt
are not deductible.
- Clothing and household items left for
"Goodwill" without retaining a receipt, are not deductible.
- Donations by C-corporations are severely limited, therefore most
charitable giving should be done by individuals, via form 1040 as an
itemized deduction on Schedule A (donations through partnerships,
S-corporations, LLC's may pass through to form 1040, Schedule A).
http://www.irs.gov/Charities-&-Non-Profits/Charitable-Organizations/Charitable-Contribution-Deductions
Brief summary for non-cash
donations (such as clothing or household items given to Goodwill, for example)
Non-cash donations must be in "good used condition or better" and
must be documented with a receipt showing the charity name, date,
description and value.
If the total of non-cash donations for the
year is under $500.01, then just the charity name(s) and value is
shown on the tax return.
If the total of non-cash donations for the year is over
$500 and under $5,000.01 then more information must be listed: full
address of the charity and a description on how the current value
was determined (independent appraisal, looking at comparable sales,
using the thrift shop value or...)
If the total of non-cash donations for the year is over
$500 and under $5,000.01 and any individual charity receipt is over
$500 then additionally for that receipt, more information must be listed: age of the donated property, original cost
and how
the items were originally acquired.
Over $5,000 per item or
group of related items requires an appraiser to
sign
your tax return and the charity also needs to sign the tax return,
as well as other requirements. Please contact your CPA to discuss before
making such a large donation to make sure all requirements needed to be
done ahead of time are understood.
Note: For more restrictive rules
regarding a tax deduction from the donation of your motor vehicle, see
additional information further below.
What donations are tax deductible?
To get a charitable tax deduction, your donations generally need to be
made to a non-profit §501(c)(3) charitable organization.
Donations to most churches and religious organizations give you a charitable
deduction.
Every non-profit organization (also called NPO or not-for-profit) is not
necessarily a §501(c)(3) charity. For example, donations to
not-for-profit sports
associations or not-for-profit professional associations are usually not tax-deductible.
Conversely, all §501(c)(3) charities are not necessarily
considered "non-profit." For example,
google.org is a for-profit
charitable organization.
Most not-for-profit lobbying groups
and political campaigns do not qualify you for a charitable deduction
on your
donations.
When donations are tax deductible?
Starting with 2007 A donor must receive any required acknowledgment from
the charity by the earlier of: the date on which the donor actually
files his or her individual federal income tax return for the year of
the contribution; or the due date (including extensions) of the return.
Meaning, for example, that waiting until an IRS audit to then ask the
charity for a receipt, technically, permanently disallows the tax
deduction, by definition.
Requirements - 16-page IRS booklet (Publication 1771)
http://www.irs.gov/pub/irs-pdf/p1771.pdf
Rules for deducting Charatible Contributions (23-page Publication 526)
http://www.irs.gov/pub/irs-pdf/p526.pdf
Determining the Value of Donated Property (15-page Publication 561)
http://www.irs.gov/pub/irs-pdf/p561.pdf
Update of the old 1982 Rules for Contributors (4-page Revenue Procedure 2011-33)
http://www.irs.gov/pub/irs-tege/rp2011_33.pdf
Year-End Planning For Charitable Gifts
http://www.pgdc.com/print/59237
Nine Tips for
Charitable Taxpayers
If you make a donation to a charity this year, you may be able to
take a deduction for it on your 2011 tax return. Here are the top nine
things the IRS wants every taxpayer to know before deducting charitable
donations.
-
Make sure the organization qualifies Charitable contributions must be made to
qualified organizations to be deductible. You can ask
any organization whether it is a qualified organization
or check IRS Publication 78, Cumulative List of
Organizations. It is available at
www.IRS.gov.
-
You must itemize
Charitable contributions are deductible only if you
itemize deductions using Form 1040, Schedule A.
-
What you can deduct
You generally can deduct your cash contributions and the
fair market value of most property you donate to a
qualified organization. Special rules apply to several
types of donated property, including clothing or
household items, cars and boats.
-
When you receive something in return If your contribution entitles you to receive
merchandise, goods, or services in return – such as
admission to a charity banquet or sporting event – you
can deduct only the amount that exceeds the fair market
value of the benefit received.
-
Recordkeeping
Keep good records of any contribution you make,
regardless of the amount. For any cash contribution, you
must maintain a record of the contribution, such as a
cancelled check, bank or credit card statement, payroll
deduction record or a written statement from the charity
containing the date and amount of the contribution and
the name of the organization.
-
Pledges and payments
Only contributions actually made during the tax year are
deductible. For example, if you pledged $500 in
September but paid the charity only $200 by Dec. 31, you
can only deduct $200.
-
Donations made near the end of the year
Include credit card charges and payments by check in the
year you give them to the charity, even though you may
not pay the credit card bill or have your bank account
debited until the next year.
-
Large donations
For any contribution of $250 or more, you need more than
a bank record. You must have a written acknowledgment
from the organization. It must include the amount of
cash and say whether the organization provided any goods
or services in exchange for the gift. If you donated
property, the acknowledgment must include a description
of the items and a good faith estimate of its value. For
items valued at $500 or more you must complete a Form
8283, Noncash Charitable Contributions, and attach the
form to your return. If you claim a deduction for a
contribution of noncash property worth more than $5,000,
you generally must obtain an appraisal and complete
Section B of Form 8283 with your return.
-
Tax Exemption Revoked
Approximately 275,000 organizations automatically lost
their tax-exempt status recently because they did not
file required annual reports for three consecutive
years, as required by law. Donations made prior to an
organization’s automatic revocation remain
tax-deductible. Going forward, however, organizations
that are on the auto-revocation list that do not receive
reinstatement are no longer eligible to receive
tax-deductible contributions.
For the list of organizations whose tax-exempt status was revoked,
visit www.IRS.gov. For general
information see IRS Publication 526, Charitable Contributions, and for
information on determining value, refer to Publication 561, Determining
the Value of Donated Property. These publications are available at
www.IRS.gov or by calling 800-TAX-FORM
(800-829-3676).
A charities organizational annual Date Of Gift message:
In the United States the IRS does not require any date of gift on
acknowledgments/receipts. In Canada two dates are required: the date you
received the gift and the date you printed the receipt. NOWHERE IS A
"DATE OF GIFT" REQUIRED IN EITHER COUNTRY. In the most recent version of
IRS Publication 1771, however, the IRS does suggest providing a "n." My
personal preference, however, remains "date processed." The
acceptability of reflecting a processed date has been confirmed with the
IRS.
We are often faced with the
dilemma of donors sending in last minute end-of-year contributions and
being frustrated when they get a receipt mentioning a "gift date" in
January. I would be too. In fact, it is not the donee's responsibility
to assign a date of gift. That responsibility clearly falls on the
donor. Were you, as a donee, to state a gift date on a receipt you
could, in theory, be required to produce evidence supporting that date
during an IRS audit of one of your donors. Stating gift dates on
receipts would necessitate your keeping envelopes with postmarks, for
example, for the required IRS statute of limitations. That is why the
only time I suggest mentioning a gift date is for gifts of securities IF
you feel like providing a value for them (not required per IRS
Publication 1771 as securities are gifts of property). However, if you
choose to do so, make sure that you include a disclaimer advising the
donor that the value - and date - are being used for internal purposes
only and to seek official guidance from their tax advisor. My suggested
receipt language for these instances is as follows:
"Thank you for your gift of X
shares of Y stock, which we have valued for our internal purposes only
at $Z as of MM/DD/YY. For tax purposes you will want to seek guidance
from a tax professional in determining your deductible amount."
Duke University, during my nearly
15 years there, rarely received a complaint from a donor about showing a
processed date and not a gift date. The phone calls literally went away
15 years ago when, for the first two weeks of January, Duke began
including the following message on receipts in lieu of the normal fund,
department, or school-based message and/or signature (I believe Duke no
longer even needs to add this reminder):
"May we remind you that the date
above reflects when we processed your gift, and does not imply the date
your gift was made. While you should consult with your CPA or tax
preparer to determine the tax consequences of your donation, the date
you delivered or mailed your donation is generally recognized as the
gift date. The determination of the contribution date is entirely
your decision. Should you have any questions concerning this matter,
please contact me."
Don't get caught up trying to
ascertain gift dates for your donors. But, since I am asked "When is a
gift a gift?" every year, here are some common answers, and
misconceptions:
The date on the check HAS NOTHING
TO DO WITH REALITY. It's not a legal date of anything. Why some
institutions find a need to record this date in their system is unclear
(although many software packages include this field). Entering this date
is a waste of time, IMHO, and certainly cannot be used to represent the
date of gift, the date received, or the date processed. To save data
input efforts, and to standardize gift processing, the only date I
suggest you reflect for most gifts is the date the gift was entered on
your system - which is usually automatically inserted - hence the phrase
"processed date" recommendation I offer.
The customary "legal" date of
gift for mailed contributions is the date of postmark. This, however, is
not true for metered mail. Nor does a postmark reflect the legal date of
gift for some other, non-cash, forms of gifts like credit card and stock
donations. For credit cards, regardless of when or how the donor tells
you to debit their account, the legal gift date is the date the charge
hits their account. For stock, things get a bit more complicated. If the
donor mails it in, the gift date is the later of the two USPS (not
metered) postmarks for the certificate and stock power. If DTCed, it's
the date of DTC and NOT THE DATE THE DONOR TOLD THEIR BROKER TO TRANSFER
THE GIFT. For the gift to be consummated the stock MUST be registered in
your name or in the control of you or your legal agent.
For items sent via third parties,
like FedEx and UPS, the gift date is the date you sign for, or take into
your possession, the package, not the date it was sent (a donor can
recall items "mailed" this way until you have signed for it - thus the
item is still in their control until control is yours).
From Crescendo regarding gifts by
check: "These "check" rules apply despite the fact taxpayers could
hypothetically stop payment on the check and negate the actual gift. One
word of caution: postdated checks are not deductible when hand delivered
or mailed. A postdated check is a promise to pay in the future and,
thus, not deductible at time of delivery."
From Crescendo regarding credit
card gifts: "Gifts by credit card are deductible in the year when the
charges are made on the card owner's account."
From Crescendo regarding
electronic delivery of stock gifts (dealing with a broker not acting on
a transfer request when it is made): "Stocks are frequently transferred
by electronic delivery. For instance, stocks are usually held in "street
accounts" with financial services firms. While a taxpayer may
irrevocably instruct his or her broker to
transfer the stock to charity,
the gift is not complete until the stock is delivered to the charity's
account. This means that the gift date for tax purposes may be days and
possibly even weeks after the taxpayer's instructions to transfer. This
poses a potential problem to last minute charitable contributions."
I hope everyone has a happy
holiday season and few, if any, frustrated donors! Feel free to
call/write if you have specific questions. A more "official" source than
me for this topic is IRS publication 526 as well as IRS Publication
1771.
Verify IRS qualifying charities
here or
here
or here.
Look up charities at:
GuideStar
and BBB's give.org/
and Charity Navigator
IRS Publication 78, Lists of Charitable Organizations
IRS Publication 526, Charitable Contributions (PDF)
IRS Publication 561, Determining the Value of Donated Property
(PDF)
Salvation Army Valuation Guide for Donated Items
Salvation Army Donation Valuation Guide
Salvation Army Valuation Guide
Salvation Army Value Guide
Salvation Army Value Guide
A/N Group
Valuation Guide
Goodwill Price Guide
Goodwill Promo
New rules effective 2006/2007
New limitations in deducting
donations to charity were enacted August 17, 2006 (for tax years
beginning after this date i.e. 2007).
Monetary, cash-money donations of any amount
are no longer deductible unless you have a written communications from
the charity indicating the dollar amount of the donation and the date
received. This marks an end of claiming that a taxpayer put $20
cash
"in the basket" on Sunday, the cash dropped into the Salvation
Army bucket, or cash contributed to organizations knocking on your front
door..
Recordkeeping. For any contribution of money, regardless of
the amount, you must maintain as a record of the contribution a bank
record (such as a canceled check) or a written record from the charity.
The written record must include the name of the charity, date, and
amount of the contribution. Do not attach the record to your tax return.
Instead, keep it with your other tax records.
A special rule allows taxpayers older than 70˝
to make donations during 2006 & 2007 directly from their IRAs without
increasing their AGI.
Other Than by Cash or Check
Enter your contributions of property. If you gave used items, such
as clothing or furniture, deduct their fair market value at the time you
gave them. Fair market value is what a willing buyer would pay a willing
seller when neither has to buy or sell and both are aware of the
conditions of the sale. For more details on determining the value of
donated property, see Pub. 561.
If the amount of your deduction
is more than $500, you must complete and attach Form 8283. For this
purpose, the "amount of your deduction" means your deduction before
applying any income limits that could result in a carryover of
contributions. If you deduct more than $500 for a contribution of a
motor vehicle, boat, or airplane, you must also attach a statement from
the charitable organization to your return. The organization may use
Form 1098-C to provide the required information. If your total deduction
is over $5,000, you may also have to get appraisals of the values of the
donated property. This amount is $500 for certain contributions of
clothing and household items (see below). See Form 8283 and its
instructions for details.
In 2003 donations of clothing to charity amounted to 48% of all
donations reported on IRS form 8283. The figure probably is even
higher considering that in 2003 non-cash donations totally under $500
were not require to be listed on form 8283. Clothing items are is no longer
deductible unless they are in "good" condition or better.
Household items (furniture, home electronic, kitchen appliances, linens,
etc) must also be in "good" condition or better.
Special rules encouraging contributions of inventories of food and books
are extended through 2007 for all businesses, not just regular C
corporations.
The Act increases certified appraiser accountability by strengthening
penalties for substantial overstatements of valuations of property used
for charitable donation, gift tax and estate purposes.
- no deduction is allowed for
charitable contributions of clothing and household items if such items
are not in good used condition or better;
- the IRS may deny a deduction
for any item with minimal monetary value;
- these restrictions do not
apply to the contribution of any single clothing or household item for
which a deduction of $500 or more is claimed if the taxpayer includes
a qualified appraisal with his or her return;
- in the case of a charitable
contribution of money, regardless of the amount, a deduction is
denied, unless the donor maintained a cancelled check, bank record, or
receipt from the donee organization showing the name of the donee
organization, the date of the contribution, and the amount of the
contribution.
Recordkeeping.
If you gave property, you should keep a receipt or
written statement from the organization you gave the
property to, or a reliable written record, that shows
the organization's name and address, the date and
location of the gift, and a description of the property.
For each gift of property, you should also keep reliable
written records that include:
- How you
figured the property's value at the time you gave
it. If the value was determined by an appraisal,
keep a signed copy of the appraisal.
- The cost or
other basis of the property if you must reduce it by
any ordinary income or capital gain that would have
resulted if the property had been sold at its fair
market value.
- How you
figured your deduction if you chose to reduce your
deduction for gifts of capital gain property.
- Any
conditions attached to the gift.
Contributions of clothing and
household items. A deduction for these contributions will be
allowed only if the items are in good used condition or better. However,
this rule does not apply to a contribution of any single item for which
a deduction of more than $500 is claimed and for which you include a
qualified appraisal and Form 8283 with your tax return.
Here are a few tips for
taxpayer itemizing their deductions:
- Consider making your
charitable contributions at the end of the year. This will give you
use of the money during the year and simultaneously permit you to
claim a deduction for that year.
- You can use a credit card to
charge donations in 2006 even though you will not pay the bill until
2007. But a mere pledge to make a donation is not deductible, unless
it is paid by the end of the year.
- Note, however, for claimed
donations of cars, boats and airplanes of more than $500, the amount
available as a deduction will significantly depend on what the charity
does with the donated property, not just the fair market value of the
donated property. If the organization sells the property without any
significant intervening use or material improvement to the property,
the amount of the charitable contribution deduction cannot exceed the
gross proceeds received from the sale.
Here are a few tips suggested
by the IRS to ensure your contributions pay off on your tax return:
- You cannot deduct
contributions made to specific individuals, political organizations
and candidates. Nor can you deduct the value of your time or services
and the cost of raffles, bingo or other games of chance.
- To be deductible,
contributions must be made to qualified organizations.
- Only contributions actually
made during the tax year are deductible.
- If your contributions entitle
you to merchandise, goods or services, including admission to a
charity ball, banquet, theatrical performance or sporting event, you
can deduct only the amount that exceeds the fair market value of the
benefit received.
- Donations of stock or other
property are usually valued at the fair market value of the property.
- gainers - do donate
appreciated securities
- losers - sell your losses
and donate the cash proceeds
- See special rules that apply
to donation of vehicles.
- For a charitable contribution
of $250 or more, you can claim a deduction only if you obtain a
written acknowledgment from the qualified organization.
- If you claim a deduction on
your return of more than $500 for all contributed property, you must
attach IRS Form 8283, Noncash Charitable Contributions, to your
return.
- Taxpayers donating an item or
a group of similar items valued at more than $5,000 must also complete
Section B of Form 8283, which requires an appraisal by a qualified
appraiser.
http://www.irs.gov/newsroom/article/0,,id=106990,00.html
See the new IRS automobile donation
rules (first effective in 2005)
here or
here
or here.
Generally: before you can determine how much you can deduct as the value
of that old automobile you have to know how the charity is going to use
your vehicle. In most cases, the charity will arrange to have it
sold at a used car auction. In this case, the fair market value of your
car and the amount of your tax deduction is the amount that your
car sold for. You should receive a statement from the charity verifying
this.
$500 maximum deduction is a general
rule of thumb, unless charity provides a contemporaneous written
acknowledgement (form 1098-C) documenting a higher value. (see
IRS
Publication 4303 for more information)
IRS
Publication 4303 - Donor's Guide
IRS
Publication 4302 - Charity's Guide
Charitable contributions of vehicles, November 2012:
For vehicles with
a claimed value of $500 or less, but more than $250, only the general
substantiation requirements under Sec. 170(f)(8) apply: Principally, the
organization must provide the donor a contemporaneous written
acknowledgment describing the vehicle (but not necessarily its value)
and stating whether the organization provided the donor any goods or
services in consideration for it and, if so, a description of them and a
good-faith estimate of their value.
For charitable
contributions of property worth more than $5,000, the substantiation
requirements under Sec. 170(f)(11)(C) generally require the donor to
obtain a qualified appraisal and attach it to the return. However,
vehicles are an exception, as long as the written acknowledgment by the
organization states that the vehicle was sold without significant
intervening use or material improvement and the donor deducts no more
than the amount of the sale proceeds. If the vehicle has a claimed value
of more than $5,000 and the organization does not sell the vehicle, the
appraisal requirements apply.
By
Kamala Raghavan, CPA, CGMA, DBA, CFP
Salvation
Army valuation guide:
http://www.satruck.com/ValueGuide.asp or
http://www.satruck.com/ValueGuide.aspx
IRS
Publication 561 "Determining the Value of Donated Property"
IRS
Publication 526 "Charitable Contributions"
IRS
Publication
1771 "Charitable Contributions - Substantiation and Disclosure
Requirements"
The following
items were written before the significant tightening up rules enacted
August 17, 2006. They are still valuable reading, though, just remember
that the rules for tax deductions today are even more restrictive than
as indicated
below.
Documenting Your
Charitable Contributions |
by Jenny Wei |
|
Note: the 2006
Pension Protection Act (H.R. 4) tightens up the rules discussed in the
following article, which was written prior to 2006.
One source
of continuous questions from individual taxpayers is that concerning the
need to substantiate charitable contribution deductions. For this
reason, we have outlined the rules in this area. As a general rule
however, keep in mind that while all contributions must be
substantiated, contributions of $250 or more require a written
receipt from the charity. Similarly, if you donate property valued at
more than $500, additional requirements apply.
Contributions of less than $250: For
charitable contributions of less than $250 in cash, you must keep one of
the following:
-
a cancelled check, credit card
receipt, or electronic funds transfer receipt;
-
a letter from the charity
acknowledging receipt of the contribution and its date and amount; or
-
another reliable written record
showing the name of the charity and the date and amount of the
contribution.
If the contribution was of property rather than
cash, you must keep a receipt from the charitable organization showing:
A receipt isn't required if it's impractical to get
one, such as where property is left at the charity's unattended drop
site. In that case, for each item of donated property, you must keep
reliable written records that contain the above information, plus the
value of the property.
Recordkeeping for contributions for which you
receive goods or services: If you receive goods or services, such
as a dinner or theater tickets, in return for your contribution, your
deduction is limited to the excess of what you gave over the value of
what you received. For example, if you gave $100 and in return received
a dinner worth $30, you can deduct $70. But your contribution is fully
deductible if:
-
you received free, unordered
items from the charity that cost no more than $7.90 in total;
-
you gave at least $39.50 and
received only token items (bookmarks, key chains, calendars, etc.) that
bear the charity's name or logo and cost no more than $7.90 in total; or
-
the benefits that you received
are worth no more than 2% of your contribution and no more than
$79.
If you made a contribution of more than $75 for
which you received goods or services, the charity must give you a
written statement, either when it asks for the donation or when it
receives it, that tells you the value of those goods or services. Be
sure to keep these statements.
Contributions of $250 or more:
For
charitable contributions of $250 or more, a cancelled check isn't
enough. Instead, you need a written receipt from the charity that
includes:
-
the amount of cash contributed
and a description (but not the value) of any property other than cash
contributed;
-
whether the donee organization
provided any goods or services in return for the contribution; and
-
a description and good-faith
estimate of the value of those goods or services.
If you received only “intangible religious
benefits,” such as attending religious services, in return for your
contribution, the receipt must say so. This type of benefit is
considered to have no commercial value and so doesn't reduce the
charitable deduction available.
If you make separate contributions of less than
$250, you won't be subject to the requirement to get a written receipt,
even if the sum of the contributions to the same charity total $250 or
more in a year. Also, if you have contributions withheld from your
wages, the deduction from each payment of wages is treated as a separate
contribution for purposes of the $250 threshold. However, IRS is
supposed to issue “anti-abuse” rules (which haven't been published yet)
aimed at preventing taxpayers from avoiding the written receipt
requirement by, for example, writing several checks on one day to the
same donee for a total of $250 or more.
You must have the receipt in hand by the time you
file your return (or by the due date, if earlier) or you won't be able
to claim the deduction.
Cash contribution made through payroll
deductions: A contribution that you make by withholding from your
wages may be substantiated by a pay stub, Form W-2, or other document
furnished by your employer that shows the amount withheld for the
purpose of a payment to a charity. You can substantiate a single
contribution of $250 or more with a pledge card or other document
prepared by the charity that includes a statement that it doesn't
provide goods or services in return for contributions made by payroll
deduction.
The deduction from each wage payment of wages is
treated as a separate contribution for purposes of the $250 threshold.
Substantiating contributions of services:
Although you can't deduct the value of services you perform for a
charitable organization, some deductions are permitted for out-of-pocket
costs you incur while performing the services. You should keep track of
your expenses, the services you performed and when you performed them,
and the organization for which you performed the services. Keep
receipts, canceled checks, and other reliable written records relating
to the services and expenses.
As discussed above, a written receipt is required
for contributions of $250 or more. This presents a problem for
out-of-pocket expenses incurred in the course of providing charitable
services, since the charity doesn't know how much those expenses were.
However, you can satisfy the written receipt requirement if you have
adequate records to substantiate the amount of your expenditures, and
get a statement from the charity that contains a description of the
services you provided, the date the services were provided, a statement
of whether the organization provided any goods or services in return,
and a description and good-faith estimate of the value of those goods or
services.
Contributions of property with a value greater
than $500: If you contribute property worth more than $500, you
must maintain written records that include:
-
the information described above
for contributions of property over $250;
-
how you acquired the property
(purchase, gift, inheritance);
-
the date you acquired the
property; and
-
cost or
other basis of property (other than publicly-traded securities) held for
less than 12 months before the donation, and, if the information is
available, of property held for 12 months or more before the donation.
Contributions of property with a value greater
than $5,000: If you contribute property of an item or group of
similar items exceeding $5,000, you must keep written records that
include:
-
the information described
above for contributions of property over $500;
-
a qualified appraisal made
no more than 60 days before the appraised property's contribution;
-
an appraisal summary, which
must also be attached to your tax return;
-
the cost basis of the
property; and
-
the date you acquired the
property.
A qualified appraisal isn't required for
publicly-traded securities for which market quotations are readily
available. A partially completed appraisal summary and the maintenance
of certain records are required for (1) nonpublicly-traded stock for
which the claimed deduction is greater than $5,000 and no more than
$10,000, and (2) certain publicly-traded securities for which market
quotations are not readily available.
If you have any questions on the tax treatment of
charitable expenditures or the substantiation rules, please contact
Jenny Wei at 917-472-5016.
http://www.brixaugustin.com/us_tax_insider/Tax/JUL02_104_WEI.htm
Tips on Tax
Deductions for Charitable Contributions
Note: the 2006
Pension Protection Act (H.R. 4) tightens up the rules discussed in the
following article, which was written prior to 2006.
While
helping the charity of your choice, you can also receive a federal
income tax deduction for your contribution. There are several things to
keep in mind if you do intend to claim a tax deduction. In some
situations, you may need professional advice about the rules that apply
to the kind of donation you want to give and to whom. However, the
following guidelines will get you started.
1. What kind of organization can receive donations that are tax
deductible?
The IRS has many categories of organizations related to taxes.
You may have heard the term "tax exempt." This is not the same thing as
"tax deductible." Organizations that are tax exempt do not have to pay
income taxes because of the type of work that they do. Your donations
would be tax deductible only to some tax exempt organizations--not all.
The category of organization you are looking for is what the IRS calls
501(c)(3). The purposes of an organization have to fall into one of the
following areas to be designated 501(c)(3): science, religion,
education, charity, literature, prevention of cruelty to children,
prevention of cruelty to animals, amateur sports competitions, and
testing for public safety. Your contribution to any of these 501(c)(3)
organizations would be tax deductible--except for those that test for
public safety. In addition, there are now prohibitions on giving to
501(c)(3) organizations that have been recently identified as connected
with or supporting terrorist groups. Any donations to these
organizations are not tax deductible.
2. How can I find out whether the organization of my choice has
applied for and received a 501(c)(3) status from the IRS?
One of the easiest ways to check is through Guidestar,
a national database of 850,000 IRS-recognized nonprofit organizations.
You can find them on the web at
www.guidestar.org. The IRS also publishes an annual listing of
thousands of tax-exempt organizations to which contributions are
deductible as charitable donations--IRS Publication 78: Cumulative
List of Organizations. At the IRS web site
www.irs.gov you can search through
Publication 78 for the name of the organization of interest to you.
3. Is there a ceiling on how much I can deduct?
Publication 78 will also tell you what the limitations
on your donations to any organization are. For instance – for most
nonprofits, you may deduct contributions representing up to 50% of your
adjusted gross income. The figure generally changes to 30% when you are
donating to a private foundation.
4. What kinds of records do I need to keep?
When making a donation of money, it's a good rule of thumb to
pay by check, rather than cash, and make sure that the check is payable
directly to the charity--not the person collecting the money or a
company of another name. Also be sure to get a receipt for your donation
and keep it with your cancelled check.
If
you give a donation of more than $75 and receive goods or services
in exchange for a donation, the charitable organization is required
to provide you with a written statement of your donation and the value
of the goods or services you received. You must subtract the fair market
value of what you received (see 8 below) from the amount you claim as a
deduction. You don't need to send the receipt in with your tax return.
Simply keep it in your records.
If
you give more than $250 – either in cash, property, or expenses you had
to pay in order to volunteer, you must obtain a written acknowledgement
or receipt describing what you gave from the charity itself. If you
received goods or services in exchange for a contribution of $250 or
more, the acknowledgement should describe them and estimate their value
(unless they would be considered insubstantial --see 7 below). You will
need to subtract their estimated value from the amount you claim as a
deduction. You should not attach the acknowledgment to your income tax
return, but must keep it in your personal records in case you are asked
to substantiate your contribution later. There are additional rules
regarding gifts of non-cash items worth more than $500.
5. I made a donation to my town's volunteer fire department.
Don't I get a deduction?
Though they are not 501(c)(3), in most cases, you can
claim donations to volunteer fire departments, as well as donations to
war veterans' organizations, as charitable donations. Check with your
tax advisor to be sure. There are, in addition, several other kinds of
organizations other than 501(c)(3) that are eligible to receive
contributions, deductible as charitable donations. These include
cooperative hospital associations, cooperative service organizations of
educational organizations, and some others. Depending on the kind of
work you do, contributions to some organizations may be deductible as
business expenses.
6. I am making a financial commitment to my church that extends
into the next year. Can I claim the total amount on this year's tax
return?
You must claim the deduction in the year that you make the
contribution. Promises or pledges of future donations, even if made in
the form of a written commitment, are not deductible until you have paid
them.
7. I received a free book about the work of the organization as
a "thank you gift." Do I need to subtract its value from the amount I
claim as a deduction?
Chances are you don't. If your contribution was at least $38,
and the gift item bears the organization's name or logo and cost the
organization no more than $7.60, it is considered an "insubstantial
gift" by the IRS and you do not have to subtract its value from what you
claim as your contribution to the organization. The IRS will also
consider goods or services you receive "insubstantial" if they are not
worth over 2% of what you've given or more than $75.
8. I donated furniture to a thrift store. Can I get a deduction?
If the thrift store is operated by a 501(c)(3) organization to
raise money for its cause, you may claim a tax deduction for the "fair
market value" of the items. "Fair market value" means what the used
items might sell for in their current condition. Thrift store staff
usually assess this amount for you and write it on your donation
receipt.
9. I bought several candy bars from a nonprofit that was selling
them as a "fund raiser." Can I claim what I spent as a deduction?
If the candy bars normally sell for $1 and you paid $1.50 for
them, you can claim 50 cents each as a donation.
10. I flew back to my home state to volunteer for a relief
organization after a flood. They told me I could take my airfare as a
deduction. Is that right?
Yes. When you pay for your own expenses that are directly
related to volunteering for a qualified charitable organization, you can
deduct these expenses from your taxes. In this case, you will need not
only receipts, but a statement in writing from the charity acknowledging
your volunteer contribution.
Note: This information has been compiled from a number
of sources. Accuracy and completeness of any of the information cannot
be guaranteed by the Institute of HeartMath or any of its affiliates.
Consulting with your financial advisor is recommended and may be
necessary to address your specific situation.
http://www.heartmath.org/joinorgive/tax-deductions-tips.html
What expenses can I deduct when I do volunteer work
for a charity?
Note: the 2006
Pension Protection Act (H.R. 4) tightens up the rules discussed in the
following article, which was written prior to 2006.
Q. I spend 20 hours every week cooking meals and
delivering them to an organization that feeds the hungry and homeless.
Am I entitled to a deduction for my time and the food I pay for out of
my own money?
A. Generally, if you do volunteer work for a charity,
you are not entitled to deduct the cost of services you perform for the
charity. However, if in connection with the volunteer work you incur
out-of-pocket expenses, you may be entitled to deduct some of those
expenses.
Qualifying expenses
If the amounts that you pay for food and other
supplies used in the preparation and packaging of the meals are not
reimbursed by the charity, generally you may deduct these expenses as
contributions to the charity.
In addition, if the amounts that you pay to travel by
car or other means to deliver the meals are not reimbursed by the
charity, and you derive no personal benefit from the travel, the
expenses are deductible. Qualifying expenses include gasoline for your
car and fares for taxis or public transportation.
Special mileage rate
If you drive your own vehicle to deliver the meals,
you can use a special IRS mileage rate to calculate charitable
contribution deductions involving use of your car. This special rate is
currently 14 cents per mile. Very complicated
Hurricane Katrina related charity mileage rates started August 25, 2005.
Other expenses
Other out-of-pocket expenses incurred in connection
with services you provide to a charity that are deductible include costs
related to uniforms, travel, meals, and lodging. Sometimes, expenses
incurred while serving as a charity’s delegate to a convention may be
deducted.
Keep receipts
If you take a deduction for out-of-pocket expenses
you incurred incident to your performance of services for a charity, it
is important to have receipts to document expenses. It is also a good
idea to get a written acknowledgement from the charity for the services
you provide.
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